2016-05-09 CITY COUNCIL REGULAR MEETING MINUTESI
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MONDAY, MAY 9, 2016, AT 6:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
Mayor Reid called the meeting to order at 6:43 p.m. with the following present.
Mayor
Tom Reid
Mayor Pro -Tem
Tony Carbone
Councilmember
Gary Moore
Councilmember
Greg Hill
City Manager
Clay Pearson
City Attorney
Darrin Coker
City Secretary
Young Lorflng
Absent: Councilmembers Derrick Reed and Keith Ordeneaux.
Others in attendance: Jon Branson Deputy City Manager; Matt Buchanan President of
Economic Development Corporation; J.C. Doyle Police Chief; Trent Epperson Assistant City
Manager; Chris Orlea Director of Parks and Recreation; Michelle Graham Director of
Human Resource; Lata Krishnarao Director of Community Development; Cynthia Pearson
Interim Director of Finance; Sue Polka Director of Engineering; Vance Riley Fire Chief; Kim
Sinistore Executive Director of the Convention/Visitors Bureau; Eric Wilson Director of
Public Works; Sparkle Anderson Communications Manager; Joel Hardy Grants
Coordinator; Michael Leech Assistant Director of Public Works; Daniel McGhinnis Chief
Information Officer, Rick Overgaard Assistant Director of Finance; Bob Pearce Purchasing
Officer; Lawrence Provins Deputy City Attorney.
The invocation was given by Pearland Independent School District Superintendent Dr. John
Kelly and the Pledge of Allegiance was led by State Representative Ed Thompson.
ROLL CALL: Mayor Reid, Mayor Pro -Tem Carbone, Councilmembers Moore, and Hill.
CITIZEN COMMENTS:
Rebecca Uresti, 5726 Cantu Road, addressed Council stating she is representing her mother
who resides at 5726 Cantu Road. She stated her concerns regarding flooding in that area
since 2006.
George Salazar, 5725 Cantu Road, addressed Council stating his concerns regarding the
flooding, tall grass, and abandoned homes that are falling down in his neighborhood. He stated
his 11 year old special needs son plays outside and he is concerned for his safety.
PUBLIC HEARING: None.
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CONSENT AGENDA:
A. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-146 — An Ordinance of the City Council of the City '
of Peariand, Texas, amending Ordinance No. 2000M, the zoning map of
the City of Pearland, Texas, for the purpose of changing the classification
of certain property being 213 acres more or less out of Kanawha -Texas
Company subdivision, parts of Sections 18 and 22, George C. Smith
survey, Abstract 547 and Abstract 548 Brazoda County, Texas and, 230
acres more or less out of lots 1, 2, 11, 21, 31, 41 and 51, Section 24,
George C. Smith survey Abstract 549 and lots 1, 11, 21, 31, 41 and 51,
Section 25 H.T. & B. R.R. Company survey, Abstract 245 and lots 1, 11
and 21, Section 26 George C. Smith survey, Abstract 550, Brazoria
County, Texas. SAVE AND EXCEPT 35.450 acres of land, to wit: Four
lots, consisting of approximately 27.581 acres in Annexation Area 2,
identified as AO 549 H T & B R R, Tract 11 A, Acres 7.635; LT 1 B 549 H T
& B, Acres 4.946; G.C. Smith LT 1 549 H T & B, Acres 5.000; and G.C.
Smith LT 2 549 H T & B, Acres 10.000; and, five lots, consisting of
approximately 7.869 acres in Annexation Area 2, identified as A0549 H T
& B R R Tract 21 B called Tract 1, Acres 2.200; LT 21 B1 (called Tract 4)
550 H T & B, Acres 2.5; A0550 H T & B R R, Tract 21 D, Acres 2.5; A0550
H T & B R R Tract 21, Acres 0.789; A0550 H T &(generally located north
of Bailey Road, south of Arnold Drive, east of Kennedy Drive, and
west of Manvel Road and on the south side of Bailey Road; east of
Manvel Road (FM 1128) and west of Veterans Drive.), B R R Tract 21 E.
Acres 2.25. Zone Change Application No. 2016-04Z, a request of the City
of Pearland, for approval of a change in zoning designation from Suburban
Development District (SD) to Suburban Residential -15 (SR -15) on 407.55
acres of land; providing for an amendment of the zoning district map;
containing a savings clause, a severability clause, and an effective date
and other provisions related to the subject.
B. Consideration and Possible Action — Second and Final Reading of
Ordinance No. 2000M-145 — An Ordinance of the City Council of the City
of Pearland, Texas, amending Ordinance No. 2000M, the zoning map of
the City of Pearland, Texas, for the purpose of changing the classification
of certain property being four tracts of land, approximately 27.581 acres in
Annexation Area 2, identified as AO 549 H T & BRR tract 11A, Acres
7.635; LT 1 B 549 H T & B, Acres 4.946; G.C. Smith LT 1 549 H T & B,
Acres 5.000; and G.C. Smith LT2 549 H T & B, Acres 10.000 and, five
tracts of land, approximately 7.869 acres in Annexation Area 2, identified
as A0549 H T & B R R Tract 21 B called Tract 1, Acres 2.200; LT 21 B1
(called Tract 4) 550 H T & B, Acres 2.5; A0550 H T & B R R, Tract 21 D,
Acres 2.5; A0550 H T& B R R Tract 21, Acres 0.789; A0550 H T& B R R
Tract 21 E, Acres 2.25. (generally located near the Southeast comer of
FM 1128/Manvel Road and Bailey Road, Pearland, TX and Southwest
comer of Bailey Road and Veterans Road.), Zone Change Application '
No. 2016-03Z, a city initiated request for approval of a zone change in the
recently annexed Area 2 (south of Bailey Road between FM 1128/ and
Veterans Road) from Suburban Development (SD) zoning district to
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General Business (GB) zoning district; on approximately 35.450 acres of
land; providing for an amendment of the zoning district map; containing a
savings clause, a severability clause, and an effective date and other
' provisions related to the subject.
C. Consideration and Possible Action - Resolution No. R2016-77 - A
Resolution of the City Council of the City of Peadand, Texas, authorizing
the purchase of two (2) cardiac monitor/defibrillators from Zoll Medical
Corporation, in the amount of $65,634.40.
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to adopt
Consent Agenda Items A through C as presented on the Consent Agenda.
Voting "Aye" Councilmembers Hill, Moore, and Carbone.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
NEW BUSINESS:
Council Action - Resolution No. R2016-71 - A Resolution of the City Council of the City
of Pearland, Texas, authorizing the City manager or his designee to enter into an agreement
with 5Engineering, LLC, in the amount of $575,590.00, for engineering services associated
'with the Mykawa Lift Stations Project,
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-71.
City Manager Clay Pearson reported Council is being asked for approval to enter into an
agreement with 5Engineering, LLC, in the amount of $575,590.00, for engineering services
associated with the Mykawa Lift Stations Project.
Voting "Aye" Councilmembers Hill, Carbone, and Moore.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action - Resolution No. R2016-57 - A Resolution of the City Council of the City
of Peadand, Texas, approving Windstorm Insurance through AmRisc Carriers and Lloyds
of London, in the amount of $631,050 for the period of May 27, 2016 to May 26, 2017.
Councilmember Hill made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-57.
' City Manager Clay Pearson reported Windstorm Insurance is property insurance that
specifically covers loss due to damage by high winds, i.e. hurricane and hail damage. The
City's general property insurance does not cover windstorm therefore, windstorm insurance
fills this gap in coverage.
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Discussion ensued between Mayor Pro -Tem Carbone and Deputy City Manager Jon
Branson regarding a professional services contract with Victor O. Schinnerer & Co. Inc.
(VOS). VOS solicited competitive quotes in the open market for the City's Windstorm '
Insurance.
Discussion ensued between Council and Victor O. Schinnerer & Co. Inc. Representative
Heena Patel regarding the decrease in rates and the deductible.
Voting "Aye" Councilmembers Moore, Carbone, and Hill.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action - Resolution No. R2016-55 - A Resolution of the City Council of the City
of Pearland, Texas, renewing a unit cost contract for street and sidewalk maintenance with
Brooks Concrete, Inc., in the estimated amount of $587,545.00 for the period of May 18,
2016 through May 17, 2017.
Councilmember Moore made the motion, seconded by Councilmember Hill, to approve
Resolution No. R2016-55.
City Manager Clay Pearson reported based on the discussion at the April 25, 2016 City
Council meeting, Council is being asked for approval to award a renewal to the unit cost
contract for street and sidewalk maintenance to Brooks Concrete, Inc. in the amount of '
$587,545. for the term of this renewal.
Chris Brooks, 4018 Allen Genoa, addressed Council with information regarding the budget
not being an issue or concern. He requested when the new budget year begins that he
receives feedback so Brooks Concrete, Inc. can plan accordingly.
Discussion ensued between Mayor Pro -Tem Carbone and City Manager Clay Pearson
regarding the split in terms of the dollar amount between Resolution No. R2016-55 and
Resolution No. R2016-67.
Voting "Aye" Councilmembers Hill, Carbone, and Moore.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action - Resolution No. R2016-67 - A Resolution of the City Council of the City
of Pearland, Texas, renewing a unit cost contract for street and sidewalk maintenance with
Precise Services, Inc., in the estimated amount of $85,583.00 forthe period of May 18, 2016
through May 17, 2017. I Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-67.
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City Manager Clay Pearson reported Council is being asked to renew a unit cost contract
'for street and sidewalk maintenance with Precise Services, Inc., in the estimated amount of
$85,583.00.
Voting "Aye" Councilmembers Moore and Hill.
Voting "No" Mayor Pro -Tem Carbone.
Motion Passed 2 to 1, with Councilmembers Reed and Ordeneaux absent.
Council Action - Resolution No. R2016-73 - A Resolution of the City Council of the City
of Pearland, Texas, renewing a unit price bid for the purchase of motor fuel from Houston -
Pasadena Apache Oil, LP in the estimated amount of $900,000 for the period of June 20,
2016 through June 19, 2017.
Councilmember Hill made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2016-73.
City Manager Clay Pearson reported Houston -Pasadena Apache Oil Company, LP has
agreed to renew its contract with no price change at this time, therefore pricing for the
renewal period will be at the originally -awarded margin pricing for regular unleaded and low -
sulfur diesel fuel, respectively. It should be noted that the vast majority of fuel purchased
under this contract is priced pursuant to the transport delivery line items reflected in the
tabulation, with bobtail pricing requested only for one-off instances where contractor fueling
of specific City generators may be necessary.
Discussion ensued between Mayor Pro -Tem Carbone and Purchasing Officer Bob Pearce
regarding the dollar amounts for transport delivery and bobtail pricing.
Mayor Pro -Tem Carbone stated when this is brought before Council again he would like to
see the tabulation regarding unleaded gas verses diesel.
Voting "Aye" Councilmembers Moore, Carbone, and Hill.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action - Resolution No. R2016-80 - A Resolution of the City Council of the City
of Peadand, Texas, approving a funding application to the Texas Water Development Board,
Drinking Water State Revolving Fund (DWSRF) program; for the preliminary design, pilot
testing, final design, and first phase construction of a Surface Water Treatment Plant and
associated water conveyance infrastructure in the amount of $145,000,000.
I
Councilmember Moore made the motion, seconded by Mayor Pro -Tem Carbone, to approve
Resolution No. R2016-80.
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City Manager Clay Pearson reported Council is being asked to approve a funding
application to the Texas Water Development Board, Drinking Water State Revolving Fund
(DWSRF) program; for the preliminary design, pilot testing, final design, and first phase '
construction of a Surface Water Treatment Plant and associated water conveyance
infrastructure in the amount of $145,000,000.
Discussion ensued between Mayor Pro -Tem Carbone and Director of Public Works Eric
Wilson regarding the rate used to estimate the savings.
Voting "Aye" Councilmembers Hill, Carbone, and Moore.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action — Resolution No. R2016-79 — A Resolution of the City Council of the City
of Pearland, Texas, approving a funding application to the Texas Water Development Board,
State Water Implementation Fund for Texas (SWIFT) program; for the preliminary design,
pilot testing, final design, and first phase construction of a Surface Water Treatment Plant
and associated water conveyance infrastructure in the amount of $145,000,000.
Mayor Pro -Tem Carbone made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-79.
City Manager Clay Pearson reported Council is being asked to approve a funding '
application to the Texas Water Development Board, State Water Implementation Fund for
Texas (SWIFT) program; for the preliminary design, pilot testing, final design, and first
phase construction of a Surface Water Treatment Plant and associated water conveyance
infrastructure in the amount of $145,000,000.
Voting "Aye' Councilmembers Hill, Carbone, and Moore.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
Council Action — Resolution No. R2016-81 — A Resolution by the City Council of the City
of Peariand, Texas, supporting an improved statutory procedure that provides for unitization
of depleted Texas Gulf Coast oil fields; and setting forth related matters thereto.
Councilmember Hill made the motion, seconded by Councilmember Moore, to approve
Resolution No. R2016-81.
City Attorney Damn Coker reported the Railroad Commission of Texas (RRC) is required
to make and enforce rules for the conservation of oil and gas in Texas. Current, yet outdated
law, prohibits the RRC from requiring field wide Unitization. Unitization is the joint operation '
among separate operators of existing drilling units within a common defined reservoir to
maximize the recovery of oil. Unitization would provide for a democratic process of a super -
majority of the working and royalty interests to vote on a Plan of Unit Development.
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Numerous entities have already expressed their support for Unitization as a means of
preventing the waste of billions of barrels of stranded, but recoverable oil in Gulf Coast oil
fields. There is a concern that without Unitization, numerous leases will be lost and
' numerous fields will be plugged and abandoned without recovering valuable resources. The
attached resolution is intended to express the City's support for an improved statutory
procedure that provides for Unitization in Texas to protect untapped resources.
A Danbury Representative gave an overview of the benefits of Unitization.
Voting "Aye" Councilmembers Moore, Carbone, and Hill.
Voting "No" None.
Motion Passed 3 to 0, with Councilmembers Reed and Ordeneaux absent.
MAYOR/COUNCIL ISSUES FOR FUTURE CITY COUNCIL AGENDAS
Mayor Pro -Tem Carbone stated Council may need to revisit the public comment regarding
drainage on Wagon Trail and Cantu Road.
Councilmember Moore would like to know how many times has there been flooding on Cantu
Road and Wagon Trail since the recent work that was done in that area.
OTHER BUSINESS: None
'ADJOURNMENT
Meeting was adjourned at 7:33 p.m.
Minutes approved as submitted and/or corrected this the 13' day of June, A.D., 2016.
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Tom Reid
Mayor
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